"Arizona Reaffirmations"
In Chapter 7 cases, Arizona bankruptcy courts allow debtors to retain collateral used as security for
dischargeable debts. Past due amounts must be brought current. Debtors must agree in writing to continue payments. Court approval is required yet
seldom denied. In effect, a reaffirmation agreement excludes a specific secured debt from discharge.
| Rule 4008 of the Federal Rules of Bankruptcy Procedure provides "Discharge and
Reaffirmation Hearing. Not more than 30 days following the entry of an order granting or denying a
discharge, or confirming a plan in a chapter 11 reorganization case concerning an individual debtor and on
not less than 10 days notice to the debtor and the trustee, the court may hold a hearing as provided in Sec.
524(d) of the Code. A motion by the debtor for approval of a reaffirmation agreement shall be filed before
or at the hearing." |
In the matter of ARIZONA BANKRUPTCY PETITION PREPARERS, General order No. 89 issued by the U.S. District.
Arizona Bankruptcy Court., July 1, 2003. 11 USC 110(k) does not permit a bankruptcy petition preparer to engage
in activities "that are otherwise prohibited by law. including the rules and laws that prohibit the unauthorized
practice of law." The Supreme Court of the State of Arizona has enacted amendments to its Rule 31 governing the
unauthorized practice of law which became effective commencing July 1, 2003. Rule 31 sets forth the general rule
that only an active member of the State Bar of Arizona may practice law in the State. The amendments also create
a limited exception for certified legal document preparers provided that the services performed are in
compliance with State Code of Judicial Administration, Part 7, Chapter 2, Section 7-208.
Back to Arizona Bankruptcy words & phrases.
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